If you suffer a pedestrian injury while walking, you may have a claim against either your own or the driver's insurance policy. Drivers are supposed to maintain liability insurance for accidents, which is designed for situations such as hitting pedestrians with the covered motor vehicle.
However, if you are unlucky enough to be injured by a driver that does not have auto insurance and you have your own car insurance policy you may be able to pursue a claim under your own auto insurance for your injuries.
The driver is required to give you correct contact information along with the name of his/her insurance company and the policy number for the vehicle that caused the injury. If you are unconscious, the driver is required to give this information to the police or a loved one that was present at the time or comes to deal with the situation such as a spouse, parent, sibling, adult child, etc.
The driver is also forbidden from leaving the scene of the accident. A driver who does this is committing hit and run, which is a crime and could lead to criminal action such as being placed in jail or being charged a fine.
If you do not have an auto insurance policy and the driver was uninsured, the driver will be in trouble for violating state law in not carrying the required auto insurance. You could also have a personal injury case against the driver and may need to hire an attorney.
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